So, my week started off in an interesting way. I was invited to attend a mediation session in Fargo. The case was a construction dispute on a pipeline project that has been going on since before I came to my position. This was the third mediation session regarding the dispute, the second of which nearly ended in settlement during my first couple weeks of work. Because I was so new and because my predecessor still works with me, just in a different division, he was going to finish out this case. In addition, we have outside council involved. So, really, my participation was unnecessary and minimal. Nonetheless, I decided to go because I thought it would be good experience since I generally tend to think all mediations can be a learning experience.
Well, I definitely got more than I bargained for. We left at 7 am and drove the three hours to Fargo. I started to count cars on the way, but then I had to stop. Two reasons, first, the driver was going way too slow and cars kept passing us instead of the other way around. Second, we pulled over for a break about an hour into the trip. Since this methodology didn't fit with my former car counts, I had to abandon my efforts. Anyway, we got to Fargo around 10 and went first to a law office. This dispute involves the contractor on one side, and three separate entities on the opposing side. We were at some law firm for one of the entities that was on our side. I had no idea what to expect, but when I walked into the room, I definitely didn't expect 15 other people to be there. Introductions all around, none of which I remembered other than the one guy I had met previously. We spent about half an hour discussing the case, most of which I didn't follow since I didn't have much background.
Then we all trooped over to another law firm for the mediation, which started at 11. Now most of you probably don't know too much about mediation, but the gist of it is this... it is not an opportunity to present your legal case and argue about the legal merits. It is supposed to be a forum where you set aside the legal issues and just try to work out a solution that everybody is equally pissed off/happy about. Well, this one started off with the council for the contractor (we'll call him OJ, short for Obnoxious Jackhole) launching into a 45 minute powerpoint presenation about the legal merits of his case and his version of interpreting the contract and how wrong we all were. It was lovely. Finally an attorney on our side interrupted and said he wanted to be separated into different rooms and to start working on solutions or we were just going to go home.
So, we started the mediation. We gave an offer, they gave an offer, we gave an offer... you get the point. Unfortunately, however, the negotiation sort of went in this fashion... We offered 5 apples and 3 oranges, then offered 2 apples and 1 orange, we offered 3 apples and 2 oranges, and they countered that they wanted 3 steaks. So then we talked about steaks... and just when we thought we were reaching a consensus, the topic of discussion changed again. And on and on and on... and finally around 5 pm, we made an offer that our outside council thought was way too generous just because we wanted to be done. We thought that would get things wrapped up, but instead, they countered with something more than what they had offered the previous round. And so on and on it continued. And finally around 7:30, my client got pissed, freaked out, and threatened to leave.
Meanwhile, bear in mind that it is a 3 hour drive home. Also bear in mind that I have my very first ever hearing (like a trial for those non-lawyers) in the morning bright and early. Also bear in mind that I have to go back to the office when we return home and pick up all my exhibits that I had left for my secretary to mark and get ready. So, I'm getting a bit antsy at this point.a
Finally around 8:30, it appears we have reached a settlement. Now we need to write it up and have all the parties sign it before we leave because this is apparently where things went awry in the first two mediation sessions. So, we find a computer and type up the agreement. For those of you who followed my facebook status updates, you know that the agreement was finally signed around 11:30 pm. This was mostly due to OJ coming in after we had made revisions and trying to change things or add points. This would have been acceptable if they were general wording changes to clarify matters. Unfortunately, OJ was a slickster Chicago lawyer and he kept trying to slip in items that were never discussed AT ALL during the mediation negotiations. It was disastrous. Only when my client again threatened to leave did things finally get signed on the dotted line and we got to leave.
I also need to point out two intermediate things. About an hour before we left, I thought about catching a ride home with one of the other people in our party since we were almost done. But then I decided to stay and see the great signing that we had worked all day on and ride home with my own people. Big mistake! On the other hand, it was interesting to see how things can fall apart at the end, witness people meltdown from lack of food and rest, and observe slickster OJ's behavior.
The second thing I should point out is that the mediation was ironically being conducted at the law firm where my opposing council in the next day's hearing works. And she actually stopped in. So, I met her. We chatted in the hall about our case for about half an hour since I had not gotten all of her emails from that day. She was lovely, really a nice person, someone I could see myself being friends with under different circumstances.
Anyhow, we FINALLY got headed home. Everyone wanted to eat because we were starving and crabby. However, one of my clients refused to eat in the car because it was too small for us to all fit and eat at the same time while driving. So, we had to actually stop at 11:45 at night (at Perkins, which was the only place open) to have a sit down meal. Are you kidding me????? By the time we finally got on the road, it was 12:30. I offered to drive because I knew that I would get us home the fastest.
We finally rolled into the parking lot at 3 am, at which time I had to then drive to my own office for my exhibits and materials for my hearing the next morning. Thank goodness I did, because it turns out my secretary screwed things up and I'm glad I knew that before I walked in. By the time I did that, came home, checked my email to make sure that the hearing hadn't been canceled or postponed, and took a shower, it was 4 am. I had to be up by 6 am to make it to my hearing on time...
Tune in next time for all the details.
P.S. The car count on the return trip was 7 cars, a new record low. It was actually 8 that we passed, but one passed me. Also, one of those cars was in the ditch on the side of the road (where I also saw it that morning when we passed in the other direction.)
Thursday, April 22, 2010
Thursday, April 8, 2010
Between in Bismarck
Related to my previous post about fire and being located at the gates of hell...
When I was back in Michigan, several people asked me what my favorite part of living in Bismarck is so far. I had a hard time coming up with anything concrete, because while I can't think of too many bad things about living here (other than the isolation and lack of good restaurants), I also can't think of any super spectacular great things, either. Anyway, I got back and was telling my friend at work how people kept asking and I couldn't think of a good answer.
And she agreed... "Yeah, there really isn't anything great about living here, but ya' know, there really isn't anything bad about living here, either. It's sorta' like that thing, you know, ***snapping her fingers as she tries to think of it*** that thing that the Catholics have..."
"Purgatory??"
"Yes, it's just like Purgatory!"
When I was back in Michigan, several people asked me what my favorite part of living in Bismarck is so far. I had a hard time coming up with anything concrete, because while I can't think of too many bad things about living here (other than the isolation and lack of good restaurants), I also can't think of any super spectacular great things, either. Anyway, I got back and was telling my friend at work how people kept asking and I couldn't think of a good answer.
And she agreed... "Yeah, there really isn't anything great about living here, but ya' know, there really isn't anything bad about living here, either. It's sorta' like that thing, you know, ***snapping her fingers as she tries to think of it*** that thing that the Catholics have..."
"Purgatory??"
"Yes, it's just like Purgatory!"
Burning in Bismarck
So when I woke up this morning and jumped on my computer, the first thing I noticed is that my weatherbug was flashing down in the corner, indicating some type of weather warning from the National Weather Service. I wonder if maybe it is fog, because we seem to get a lot of those warnings here, but then I realize that I can see the sun coming up and that's not the problem. That also eliminated rain/thunderstorms. Naturally I click on it to see what sort of weather-doom will befall me this day, and I see, "Fire Weather Warning in Effect", Friday morning until Friday night, Burleigh County. WHAT THE FRENCH, TOAST??? Having never seen this, I have no idea what it means. Does it mean that my county is on fire? That doesn't seem to make a lot of sense since the warning is 24 hours in advance. Does it mean that there is a fire headed this way and I must flee my home within the next 24 hours? Cause if so, holy crappers, where do I go? All I know is that the stupid little bug doesn't start blinking at me unless some bad shit is going to go down, and fire does not seem like something to mess with.
Upon further investigation, I see more description that talks about the heat and the relatively humidity (or lack thereof) in the grasslands. So now I'm wondering if there is something to do with it being so dry here and the wind blowing, that maybe grasslands build up electrical charge and somehow spontaneously combust and start fires to burn down Bismarck... do I live at the gates of Hell??? And if so, why wasn't I aware of this from national news prior to moving here. I mean, even the flooding in Fargo makes it outside the border, so surely spontaneous combustion torching the town would be newsworthy.
Well, I asked around at work, and apparently this is the same as the silly little signs that they put up around national forest warning of the fire danger level of the day based on the dryness. Because it is so dry, apparently we are supposed to be extra careful about throwing cigarette butts out the window. Also apparently sometimes these fires start along the railroad tracks because the train will throw sparks and ignite the grass nearby.
While spontaneous combustion seems a lot more exciting, I'm glad to know that it isn't likely I will wake up with flames outside my window tomorrow morning. I'm still confused as to why I have never seen this warning from my weather bug before.
Upon further investigation, I see more description that talks about the heat and the relatively humidity (or lack thereof) in the grasslands. So now I'm wondering if there is something to do with it being so dry here and the wind blowing, that maybe grasslands build up electrical charge and somehow spontaneously combust and start fires to burn down Bismarck... do I live at the gates of Hell??? And if so, why wasn't I aware of this from national news prior to moving here. I mean, even the flooding in Fargo makes it outside the border, so surely spontaneous combustion torching the town would be newsworthy.
Well, I asked around at work, and apparently this is the same as the silly little signs that they put up around national forest warning of the fire danger level of the day based on the dryness. Because it is so dry, apparently we are supposed to be extra careful about throwing cigarette butts out the window. Also apparently sometimes these fires start along the railroad tracks because the train will throw sparks and ignite the grass nearby.
While spontaneous combustion seems a lot more exciting, I'm glad to know that it isn't likely I will wake up with flames outside my window tomorrow morning. I'm still confused as to why I have never seen this warning from my weather bug before.
Tuesday, April 6, 2010
Bordering on Bingo in Bismarck
SOOOOOOO close! Tonight was Bingo night, and I've practically been going through withdrawals because it has been so long since I've been.
A little preliminary info on how Bingo actually works. There are three games. The first game is "Blackout only", which means that you must fill your entire card within 55 numbers or less to win the jackpot. Jackpots range on the order of a couple thousand dollars, sometimes more, sometimes less, but in that general vicinity. If nobody wins, which they usually don't, then there is a consolation prize ranging anywhere from about $25-$100. In that case, they just continue calling numbers until somebody gets a blackout.
The second game there is usually some sort of small prize offered, maybe around $30, for getting the correct shape. So, for example, tonight was an X, sometimes it is a T, sometimes it is an H, etc. Then they continue on for the Blackout jackpot and the associated consolation prize. The "jackpot" in the middle round tends to be smaller, less than a thousand, but still several hundred dollars. Tonight's was $650, with a consolation of $70.
The third game is also usually blackout only, with a large jackpot and consolation prize.
The closest I have come to winning at Bingo prior to this evening was getting within two of the consolation prizes. Tonight, first round, I got within two on the consolation prize. Second round, one of my cards only had 5 to go when they announced there were 10 numbers remaining. Then she went on to call 5 numbers in a row that I didn't have. Then she called 4 numbers in a row that I did have, and I was 1 number away from the $650 jackpot. Didn't win. Booooooo! Then she called 3 or 4 more numbers that still weren't my number, and somebody else won the consolation prize. So close! Third round, got down to within a few numbers for the jackpot. Then hit a streak on the consolation round. Got within one number AGAIN! Again, so close!
I have renewed vigor for the game, however. Plus, I figure with summer coming on, my chances of winning are higher. People will be more likely to want to be outside rather than in the smokey bar, which means that the chances of winning at least the consolation prize should go up with less people playing. It's going to happen one of these days, I know it. And then you can all stop making fun of me for being an old lady, even though the people I go with are even younger than me.
A little preliminary info on how Bingo actually works. There are three games. The first game is "Blackout only", which means that you must fill your entire card within 55 numbers or less to win the jackpot. Jackpots range on the order of a couple thousand dollars, sometimes more, sometimes less, but in that general vicinity. If nobody wins, which they usually don't, then there is a consolation prize ranging anywhere from about $25-$100. In that case, they just continue calling numbers until somebody gets a blackout.
The second game there is usually some sort of small prize offered, maybe around $30, for getting the correct shape. So, for example, tonight was an X, sometimes it is a T, sometimes it is an H, etc. Then they continue on for the Blackout jackpot and the associated consolation prize. The "jackpot" in the middle round tends to be smaller, less than a thousand, but still several hundred dollars. Tonight's was $650, with a consolation of $70.
The third game is also usually blackout only, with a large jackpot and consolation prize.
The closest I have come to winning at Bingo prior to this evening was getting within two of the consolation prizes. Tonight, first round, I got within two on the consolation prize. Second round, one of my cards only had 5 to go when they announced there were 10 numbers remaining. Then she went on to call 5 numbers in a row that I didn't have. Then she called 4 numbers in a row that I did have, and I was 1 number away from the $650 jackpot. Didn't win. Booooooo! Then she called 3 or 4 more numbers that still weren't my number, and somebody else won the consolation prize. So close! Third round, got down to within a few numbers for the jackpot. Then hit a streak on the consolation round. Got within one number AGAIN! Again, so close!
I have renewed vigor for the game, however. Plus, I figure with summer coming on, my chances of winning are higher. People will be more likely to want to be outside rather than in the smokey bar, which means that the chances of winning at least the consolation prize should go up with less people playing. It's going to happen one of these days, I know it. And then you can all stop making fun of me for being an old lady, even though the people I go with are even younger than me.
Blitzing towards Bismarck
As some of you know, I recently left the tundra. The initial purpose of departure was to attend some training in Indianapolis for trial advocacy. It was like mock trial, but with only a week of prep time. The training was great, the people (for the most part) were great, and I learned a ton. I also worked 55 hours in 4.5 days. Not as awesome. But it was FABULOUS to get back to a "real" city. And downtown Indy is a shockingly nice area.
After completing the training, I took the opportunity to return to Michigan since someone else had paid for the $650 plane ticket to get me that close. My awesome dad came and picked me up and drove me back to Howell. I got to pick up Godiva (my horse that I ride topless - AKA Mustang convertible), which I am so excited to have back in my possession. Also cleared out the rest of the condo, got it listed for rent with a realtor, and played a 3D game of Tetris trying to fit the remainder of the crap in my car. The bad part was that when I "died", that just meant I had to take all the stuff back out again and start over until it fit. Sometimes the flat, skinny pieces (like large pictures) aren't always the easiest to fit in.
Also got to see some friends and family while I was there, which was amazing. But alas, time was too short, and I have returned. I have established a new record drive time at 13 hours, 20 minutes. I don't think it can be done much faster than this. Also, the car count on the Fargo-Bismarck run was CRAZY, a new record high was achieved. Counting time was approximately 5:00 pm - 7:30 on a Sunday night, and I hit 123! I'm tellin' ya'll, Bismarck is a happening place to be!! (Pay no attention to the news reports of the recent blizzard that downed major power lines and has several roads closed. It was in the 50s today, so that was just a little blip on the radar.)
After completing the training, I took the opportunity to return to Michigan since someone else had paid for the $650 plane ticket to get me that close. My awesome dad came and picked me up and drove me back to Howell. I got to pick up Godiva (my horse that I ride topless - AKA Mustang convertible), which I am so excited to have back in my possession. Also cleared out the rest of the condo, got it listed for rent with a realtor, and played a 3D game of Tetris trying to fit the remainder of the crap in my car. The bad part was that when I "died", that just meant I had to take all the stuff back out again and start over until it fit. Sometimes the flat, skinny pieces (like large pictures) aren't always the easiest to fit in.
Also got to see some friends and family while I was there, which was amazing. But alas, time was too short, and I have returned. I have established a new record drive time at 13 hours, 20 minutes. I don't think it can be done much faster than this. Also, the car count on the Fargo-Bismarck run was CRAZY, a new record high was achieved. Counting time was approximately 5:00 pm - 7:30 on a Sunday night, and I hit 123! I'm tellin' ya'll, Bismarck is a happening place to be!! (Pay no attention to the news reports of the recent blizzard that downed major power lines and has several roads closed. It was in the 50s today, so that was just a little blip on the radar.)
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